S T A T E   O F   N E W   Y O R K
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                                   297

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Governmental Operations

AN ACT to amend the  public  officers  law  and  the  election  law,  in
  relation to enacting the "U.S. Senate vacancy election act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "U.S. Senate vacancy election act".
  S  2.  Subdivision  4-a  of  section 42 of the public officers law, as
amended by chapter 373 of the laws  of  1978,  is  amended  to  read  as
follows:
  4-a.  (A)  If  a vacancy occurs in the office of United States senator
from this state [in any even numbered calendar  year  on  or  after  the
fifty-ninth  day  prior  to  the  annual primary election, or thereafter
during said even numbered year], the governor  shall  make  a  temporary
appointment  to fill such vacancy until the [third day of January in the
year following the next even numbered calendar  year]  SPECIAL  ELECTION
HELD  TO FILL SUCH VACANCY IN ACCORDANCE WITH THE PROCEDURES PROVIDED IN
PARAGRAPH (B) OF THIS SUBDIVISION IS CERTIFIED BY  THE  STATE  BOARD  OF
ELECTIONS.    [If such vacancy occurs in any even numbered calendar year
on or before the sixtieth day prior to an annual primary  election,  the
governor  shall  make a temporary appointment to fill such vacancy until
the third day of January in the next calendar year. If a vacancy  occurs
in  the  office  of  United  States  senator  from this state in any odd
numbered calendar year, the governor shall make a temporary  appointment
to  fill  such  vacancy  until  the third day of January in the next odd
numbered calendar year.  Such an appointment shall  be  evidenced  by  a
certificate  of  the  governor which shall be filed in the office of the
state board of elections. At the time for filing such  certificate,  the
governor  shall  issue  and  file  in  the  office of the state board of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01239-01-1

A. 297                              2

elections a writ of election directing the election of a  United  States
senator  to  fill  such  vacancy  for  the unexpired term at the general
election next preceding the expiration for the  term  of  such  appoint-
ment.]
  (B) WITHIN THREE DAYS OF THE VACANCY THE GOVERNOR SHALL ISSUE AND FILE
IN THE OFFICE OF THE STATE BOARD OF ELECTIONS A WRIT OF ELECTION DIRECT-
ING THE ELECTION OF A UNITED STATES SENATOR TO FILL SUCH VACANCY FOR THE
UNEXPIRED  TERM  AT  A  SPECIAL ELECTION HELD ON A TUESDAY NOT LESS THAN
NINETY DAYS NOR MORE THAN ONE HUNDRED TWENTY DAYS AFTER  THE  FILING  OF
SUCH  WRIT WITH THE STATE BOARD OF ELECTIONS, WITH PARTY NOMINATIONS FOR
SUCH ELECTION TO BE DETERMINED BY A SPECIAL PRIMARY ELECTION IN  ACCORD-
ANCE WITH SECTION 6-115 OF THE ELECTION LAW.
  S 3. The election law is amended by adding a new section 6-115 to read
as follows:
  S  6-115.  PARTY NOMINATIONS; UNITED STATES SENATOR; SPECIAL ELECTION.
NOTWITHSTANDING THE PROVISIONS OF SECTION 6-114 OF THIS  ARTICLE,  PARTY
NOMINATIONS  FOR  THE OFFICE OF UNITED STATES SENATOR SHALL BE BY DESIG-
NATION AND NOMINATION BY PETITION AND A SPECIAL PRIMARY ELECTION HELD ON
A TUESDAY DESIGNATED BY THE STATE  BOARD  OF  ELECTIONS  NOT  LESS  THAN
FORTY-FIVE DAYS NOR MORE THAN SIXTY DAYS AFTER THE GOVERNOR FILES A WRIT
OF  ELECTION  WITH  THE STATE BOARD OF ELECTIONS TO FILL SUCH VACANCY IN
THE OFFICE OF UNITED STATES SENATOR. SUCH DESIGNATIONS, NOMINATIONS  AND
SPECIAL  PRIMARY  ELECTIONS SHALL BE CONDUCTED PURSUANT TO RULES PROMUL-
GATED BY THE STATE BOARD OF ELECTIONS, WHICH TO  THE  EXTENT  APPLICABLE
SHALL BE CONSISTENT WITH THE OTHER PROVISIONS OF THIS ARTICLE.
  S 4. Subdivision 14 of section 6-158 of the election law is amended to
read as follows:
  14.  A vacancy occurring before September twentieth of any year in any
office authorized to be filled at a  general  election,  except  in  the
offices   of  governor[,]  OR  lieutenant-governor[,  or  United  States
senator] shall be filled at the general election held  next  thereafter,
unless  otherwise  provided  by  the  constitution, or unless previously
filled at a special election.
  S 5. This act shall take effect immediately.